Hy-Yu-Tse-Mil-Kin v. Smith
Supreme Court of the United States
APPEAL ER’OM THE CIRCUIT COURT OF APPEALS FOR THE NINTH . -CIRCUIT. This is a suit in equity brought, by the appellee, complainant below, in the Circuit Court of the United States, District of Oregon, against the appellant, to obtain the cancellation of an allotment of land made by the officers of the government to the appellant, on the 'Umatilla Indian reservation in Oregon in 1891, and to. have the land.allotted to her (the appellee)., Issue being joined in the case, it…
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APPEAL ER’OM THE CIRCUIT COURT OF APPEALS FOR THE NINTH . -CIRCUIT. This is a suit in equity brought, by the appellee, complainant below, in the Circuit Court of the United States, District of Oregon, against the appellant, to obtain the cancellation of an allotment of land made by the officers of the government to the appellant, on the 'Umatilla Indian reservation in Oregon in 1891, and to. have the land.allotted to her (the appellee)., Issue being joined in the case, it was referred to a special examiner to ascertain and report the facts, and upon his-report the Circuit Court gave' judgment…
1Opinion of the CourtJustice Peckham
The first objection made by counsel for the appellant is that the'act of Congress of August 15, 1894, 28 Stat. 286, 305, under which the complainant instituted this suit, is not applicable to this case, and, therefore, the court has no jurisdiction of the subject matter. The objection made by the appellant is, that to make the act applicable to the appellee would be to give it a retrospective effect,. while its purpose is plainly prospective. The objection is untenable.
The appellee claims that under the act of 1885 she was entitled to an allotment of land in the Umatilla reservation, and that…
2Cases cited7 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- The Carib PrinceSupreme Court of the United States · 1898
- Smith v. BurnettSupreme Court of the United States · 1899
- Stuart v. HaydenSupreme Court of the United States · 1898
- Towson v. MooreSupreme Court of the United States · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- McKay v. KalytonSupreme Court of the United States · 1907
- Arenas v. United StatesSupreme Court of the United States · 1944
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Devine's CaseMassachusetts Supreme Judicial Court · 1921
- United States v. HellardSupreme Court of the United States · 1944
48 more not listed; retrieve them via the Exa API.